Vollebregt and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Vollebregt against a decision by the Secretary of the Department of Social Services regarding the imposition of a lump sum preclusion period affecting his eligibility for income support payments. Mr Vollebregt had received a significant workers' compensation lump sum payment following a work injury sustained in 2008, which led to the Department calculating a preclusion period extending until April 2020. The appeal was heard by D. J. Morris SM.

The primary legal issues before the Tribunal were whether Mr Vollebregt had been adequately notified of the lump sum preclusion period and whether any part of the compensation payment should be disregarded due to special circumstances. The Tribunal was required to consider the application of sections 1170 and 1171 of the relevant Act concerning the aggregation of lump sum payments and the calculation of preclusion periods, as well as section 1184K which allows for the discretionary disregard of payments in certain circumstances.

The Tribunal found that while the Department had sent notification letters to Mr Vollebregt's last known address and his solicitors, Mr Vollebregt's absence from Australia and his former partner's failure to forward mail meant he was not personally aware of the notification at the time. However, given the notification to his solicitors and the general principles of deemed service by post, the Tribunal concluded that Mr Vollebregt had been notified of the preclusion period around late January or early February 2012. Crucially, the Tribunal exercised its discretion under section 1184K, finding that special circumstances existed. These circumstances included an unforeseen loss of $95,000 due to his former partner reneging on a private loan and $15,000 in special travel costs related to a sick parent in Europe, which had a direct connection to his compensable injury.

Consequently, the Tribunal set aside the previous decision and remitted the matter to the Secretary with a direction to recalculate the end date of the compensation preclusion period, treating $110,000 of the aggregated lump sum payment as if it had not been made.